Police In Jim Thorpe Fight Lavelle's Ruling On Pensions

Jim Thorpe police officers appealed a recent Carbon County Court ruling against an arbitration agreement to increase retirement benefits for the chief and four officers.

President Judge John P. Lavelle ruled against portions of the award, saying the three-member arbitration panel overstepped its power.

Lavelle issued the 11-page decision March 11, and the police filed an appeal to Commonwealth Court within the 30-day deadline.

Jim Thorpe solicitor Roger Nanovic II said Commonwealth Court will issue a scheduling order listing briefing dates and other deadlines in two to four weeks. Arguments will be heard in either a Harrisburg or Philadelphia courtroom.

A decision won't be made for six to 12 months, he said.

Nanovic appealed the arbitration award to County Court at Jim Thorpe council's request.

At issue are portions of a two-year contract dealing with the pension fund and retirement benefits.

The arbitration award entered in July 1992, would give a retiring police officer 50 percent of his or her salary based on the highest annual salary during the last three years of employment. Also, the officer could retire at age 50 with 20 years of continuous service.

Police also want full credit for their military service and reimbursement for money paid into the pension fund, which is over-funded.

Lavelle ruled against those awards saying the borough can't issue pension-payment refunds and officers can retire only at age 50 after 25 years of service and with a pension based on the average salary earned the last three years on the job. Also, they can receive credit for no more than five years military service.

Lavelle based his decision on Act 600, the state law governing collective bargaining for municipal police officers. Except for the provisions Lavelle addressed, council accepted the remainder of the arbitration award including $1-an-hour raises for the department's five officers. The contract does not cover the department's five, part-time officers.

Police have not signed the contract, which expires in December. Negotiations for the 1994-95 contract are expected to begin next month.